Introduction of the Indian Merchant Shipping Act

For centuries India is a seafaring nation. He has created a great maritime history and tradition a long-long ago the rise of European maritime powers. By using many Indian ships across many oceans, a rich business carried on with Asian and Middle East countries. Since the advent of British rule, due to the priority given to the British shipping industries, the development of domestic shipping industry was discouraged. British restrictive shipping laws not only inhibit the growth of Indian shipping but also gradually made ​​it disappear from the high seas. 

Introduction of 'The Industrial Employment (Standing Orders) Central Rules, 1946'

Introduction: Earlier, the economic law of supply and demand in the labor market was existed between employers and workers as a mutually beneficial deal. The mutual bargain was treated as such grants, as the terms and conditions of employment for workers are being kept safe. They had an abiding confident in the unity of this law. But as the law work, their faith has proven incorrect. Workers later found that they have not adequately processed fair bargaining power to secure terms and conditions of their service; they organize themselves into trade unions and began to emphasize collective bargaining with the employer.

Classification of labor law in a look

  

Sl.	Area of classification & Related Acts	Introduction & Objectives of Act
1	Laws relating to the conditions of workers in factory & establishments
	General Laws
	Factory Act, 1948	Objectives: The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety.  Applicability:   At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that: ·    The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or  ·    The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.
	Industrial Employment (Standing order) Act, 1946	Objectives: ·    To have uniform standing orders in respect to workers, factories, and working relationship ·    To ensure that the terms and conditions of the employment are known to the employee and thus to minimise exploitation of the workers. ·    To promote industrial peace and harmony by promoting fair industrial practices. Coverage: The Act is applicable to all industrial establishments’ employing 100 or more workmen. [Section 1(3)].
	Specific Laws
	The Mines act, 1962	----------------
	The Plantation Labour Act, 1948	----------------
	Indian Merchant Shipping Act, 1923	Application of Act: Unless otherwise expressly provided, the provisions of this Act which apply to- ·    any vessel which is registered in India; or ·    any vessel which is required by this Act to be so registered; or ·    any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be.
	Working Journalists Newspaper Employees and miscellaneous Provisions Act, 1955	An Act to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments.

Eligibility and determination of bonus

Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year. Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 per cent of his salary or wage for the days he has worked in that accounting year, shall be proportionately reduced.

Bonus under the payment of bonus act cannot be claimed by workers as a matter of right. The bonus formula under the act rest on calculation of the available surplus and it envisages the following steps Computation of available surplus. The available surplus in respect of any accounting year shall be the gross profits for that year after deducting there from the sums referred to in section 6 : Provided that the available surplus in respect of the accounting year commencing on any day in the year 1968 and in respect of every subsequent accounting year shall be the aggregate of:

Withdrawal or cancellation of trade union

A certificate of registration of a Trade Union may be withdrawn o cancelled by the Registrar –

1. On the application of the Trade Union to be verified in such manner as may be prescribed. or....
2. If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter, provision for which is required by Section 6: Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.

Conciliation proceeding and settlement under industrial dispute act-1947

1. The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.
2. A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.
3. A Board shall consist of a Chairman and two or four other members, as the appropriate Government thinks fit.
4. The Chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party.

Important features of the minimum wages act 1948

An Act to provide for fixing minimum rates of wages in certain employments.
WHEREAS it is expedient to provide for fixing minimum rates of wages in certain employments;
An Act to provide for certain benefits to employees in case of sickness, maternity and "employment injury" and to make provision for certain other matters in relation thereto
WHEREAS it is expedient to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto

1)    The act lays down for fixation of:

a)    A minimum time rate of wages

b)    A minimum piece rate

c)    A guaranteed time rate and

d)    An overtime rate

For different occupation, localities or classes of work and for adults, adolescents, children and apprentices

Medical benefit council under employee’s state insurance act-1948

Medical Benefit Council

1)    The Central Government shall constitute a Medical Benefit Council consisting of –

a.    The Director General, Health Services, ex officio, as Chairman;

b.    A Deputy Director-General, Health Services, to be [appointed] by the Central Government;

c.    The Medical Commissioner of the Corporation, ex officio,

d.    One member each representing each of the States (other than Union territories) in which this Act is in force to be appointed by the State Government concerned;

e.    Three members representing employers to be appointed by the Central Government in consultation with such organizations of employers as may be recognized for the purpose by the Central Government;

f.     Three members representing employees to be appointed by the Central Government in consultation with such organizations of employees as may be recognized for the purpose by the Central Government; and

Narrate the rights of an employer and an employee under act -1948. What is the provision for prevention of over-crowding?

RIGHT OF WORKERS, ETC –

The obligation of the employers, practically speaking the right of employees

Every worker shall have the right to –

i)       Obtain from the occupier, information relating to workers' health and safety at work;

ii)      Get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work;

iii)     Represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.

iv)     A worker has the right to claim wages for leave allowable to him, under the provisions of the payment of wages act.

v)      A worker has the right not to pay any fee or charge for the facilities for the facilities provided by the employer.

Explain the procedure for determination and recovery of gratuity.

Determination of gratuity:

A person who is eligible for payment of gratuity under Payment of Gratuity Act or any person authorised, in writing to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.

As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined.

The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

How would you categories a dispute into an industrial dispute? Explain illegal strike and lockouts

Disagreement between an employer and its employees, usually represented by a trade union, over some aspect  of the terms or conditions of employment. A dispute is often followed by industrial action, in the form of a strike or a work to rule.

A dispute arising from the negotiation ct a new collective agreement or the revision of on existing agreement on expiry.

An industrial dispute must necessarily be a dispute in an industry. An industrial dispute has three ingredients:

a)    There should be real and substantial dispute or difference.

b)    The dispute or difference must be between employers and or workmen.

c)    The dispute or difference must be connected with employment and non-employment, or with the conditions of labour of any person.

The following dispute have been categorized as industrial dispute

Describe the scope of payment of gratuity act 1972, to who this entire act does not apply. How the forfeiture of gratuity is applies to an employee.

Scope of coverage

o  Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway 

o  Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end.

o  Any establishment employing 10 or more persons as may be notified by the Central Government.

o  Once Act applies, it continues to apply even if employment strength falls below 10.

The act does not apply to:

a)    Apprentices and

b) Persons who hold civil posts under central government or sate government and are governed by any other act or by any rules providing for payment of gratuity

PAYMENT OF GRATUITY

Payment of gratuity by an employer to an employee as defined under the act is mandatory:

1)    Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -

(a) On his superannuation, or

(b) On his retirement or resignation, or

(c) On his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement : Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

Explanation: For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.

2)    For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned : Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account : Provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season.

Explanation: In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.

3)    The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand rupees.

4)    For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.

5)    Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.

6)    Notwithstanding anything contained in sub-section (1), -

a)    The gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.

b)    The gratuity payable to an employee may be wholly or partially forfeited 

                  i.    If the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part,

or

                         ii.    If the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. 

How do you visualize the need for labour legislation in the industrial world? Give out the classification and principles of labour laws.

Labour legislation is necessary for the following reason

o  The workers were financially weak and had little bargaining power. The wages paid to factory workers were quite inadequate to meet their barest needs.

o  If workers exposed to serious accidents because machine lost their employment and had no right to compensation

o  The employment was not secured. Worker would be discharged suspended or dismissed at any time without assigning any reason.

o  hildren and women were taking to work under hazardous conditions

o  It establishes a legal system that facilitates productive individual and collective employment relationships, and therefore a productive economy.

o   providing a framework within which employers, workers and their representatives can interact with regard to work-related issues, it serves as an important vehicle for achieving harmonious industrial relations based on workplace democracy.

As per “workmen’s” compensation act -1923 (India) what are the privileges and benefits those are included in wage, state employer’s obligation, and rights towards employees.

The following are the privileges and benefits included in the wages:

§ Free accommodation 

§ Maternity benefit payable to women delivering a child

§ Dearness allowances

§ Overtime allowance

§ Overtime pay

§ Benefits in the form of food or clothing

§ Value of any other concessions, benefits or privileges capable of being estimated in money

§ Gratuity payable to a workman on retirement

§ Bonus earned in the date of accidents

Describe objective, scope and coverage of factories act 1948. What are the employer’s obligations in it?

The Factories Act, 1948

Objectives

§ To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.

What are the penalties provided under the Industrial Dispute Act? Is it panel under the Act to give financial assistance to illegal strikes / lockouts?

Employees are prohibited from striking according to the section 22 of Industrial Disputes Act 1947. Employees, who are working in a public utility service, cannot go on a strike without giving a notice of strike within the six weeks before striking. They can not go on strike either within fourteen days of providing the strike notice or before the expiry of the date of strike specified in any such notice. The same rule applies to the employers. Employers who are carrying on a public utility service can not lockout any of their employees without giving them a prior notice within six weeks before the lock out or within the fourteen days of giving such a notice. Moreover, the notice of strike or lockout is to be given in a prescribed manner showing the number of persons involved in the strike/lockout.